.UA Domain names: Registration peculiarities or what make them so special
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It will come as no surprise that .UA zone domains are the most popular in Ukraine. As to statistic data, provided by the administrator of .UA zone 'Hostmaster,' to the November, 2015, there were 555,188 domain names in .UA zone, among which the number of the 2nd level domain names is 18,364. (Second-level domain name is the name consisting of the label to the left of the dot, and the top-level domain (ua, com, uk). For example, ipstyle.net - is the 2nd level domain name). However, there are many peculiarities, which make domain names registration in Ukraine distinct from such registrations in other countries.
According to the Policy on particulars of registration of second-level private domain names in the UA. domain (the Policy), developed by Hostmaster, private domain name in the .UA domain can be registered only in case of its coincidence with the trademark, which is also must be registered in Ukraine by the relevant holder.
For example, for the ipstyle.ua domain name registration, “ipstyle” TM registered in Ukraine is required. At the first glance, such requirement restricts the list of possible domain name owners only to appropriate TM holders. But the truth is that the Registrar should verify only the availability of trademark registration, without checking what goods and services this domain name is namely registering for. That is why trademark trolls in Ukraine freely operate. They usually choose the trademarks for goods or/and services, which are popular on the market, and register their own trademarks with the similar names, but in other classes of the NCL (International Classification of Goods and Services). After trademark registration, trademark troll receives the opportunity to register the domain name, which coincides not only with the name of its own trademark, but also with the name of trademark for some popular product. In such a way, the troll gets on the Internet the attention of 'foreign' consumers, while proper trademark owner loses its chance for domain name registration.
Therefore, if you have a trademark registered in Ukraine, the registration of the appropriate domain name is highly recommended. First come, first served - is an acting rule in Ukraine.What do you need for .UA domain name registration?
Copy of Ukrainian Trademark Certificate providing the legal protection under the national procedure;
or Statement from Ukrainian Intellectual Property Office ('Ukrpatent') for the international registration of trademark, which covers Ukraine, according to the Madrid Agreement. Obtaining of such statement is a common formal procedure, which usually takes about 7 working days.
Who can register .UA domain name?
- Trademark owner;
- persons received the right for trademark use under the license agreement.
The license agreement must have a provision, which exactly specifies the right of the licensee for particular domain name registration in .UA zone, simultaneously with the use of the trademark in domain names; or the right transferring for delegation (or use) of the .UA domain name under this license agreement.
The other important moment – is transliteration. The .UA domain name can be registered if it consists only of Latin symbols, Arabic numerals, and '-' character. Thus, the trademark containing symbols of the Cyrillic alphabet must be transliterated to Latin symbols in accordance with one of the transliteration standards mentioned in the Policy. If the trademark contains the symbols of other alphabets, numerals of other calculus systems, and/or other symbols, they should be transliterated according to the appropriate transliteration rules. That is why, if you apply for trademark registration in Ukraine and desire to register UA. domain name in future, it is recommended to think about transliteration in advance.
One of the complexities you can meet while .UA domain name registering, is the requirement of the exact conjunction of the domain name with the name of the trademark. For example, if you registered the trademark named 'IPStyle Patent Law Company,' you could receive only the domain name 'ipstylepatentlawcompany.ua'.
The other interesting issue of .UA domain name registration is a disclaimer of some word designations in trademarks. The official position of the Registrar on this issue is that the designation can be excluded from the domain name only in case such designation is included in trademark as the element without protection and pointed in bibliography information. Then, the registrant will receive the domain name similar to those part of the trademark, which is under protection (Expertise concerning use of the trademark elements in domain names).
If you still have questions, please contact IPStyle experts via e-mail or by telephone. They can advise you on issues concerning .UA domain name registration, and other IP matters. As for the .UA domain name registration trademark registered in Ukraine is required, next articles may be useful:Trademark registration in UkraineTrademark registration by distributors in UkraineWhat we need to know about Registration of Trademarks in Ukraine?Outline of Grounds for Trademark Refusal in Ukraine